Employee Rights Protection Under the Indian Labour Laws

Long working hours, Leave impediment, PF contribution, and Termination. Many Indian employees face one of these problems or others in their organisation. Now you would be wondering, we have missed toxic work culture & irritating managers, unfortunately, these traits don’t fall under Indian Labour Laws.

Irrespective of the field of their work, Many employees in India suffer at the workplace due to improper knowledge of the laws and end up suffering as their fate. But, with the proper knowledge of the Indian Labour Laws, one can take suitable measures by exercising employee rights. Most Indian employees are unaware of their rights and sometimes could be easily misguided by their organisation. Therefore, it is important that you should know some of the important rights as an employee.

Employment Act of India

The Employment Act comes under Labour Law. Indian Labour Law is a bigger & extensive subject, while the Employment Act of India,1967, is the key element of the wider subject of labour laws. This legislation was enacted to regulate matters of employment like working hours, leave, productivity goals, dismissal procedures or worker classifications, approved by the Ministry of Labour & Employment.

This act ensures a fair & healthy working environment by setting standards for working.

The rights of both Private Employees and Employers are protected and enforced under Employment Laws that make them crucial. The Employment Act guarantees the rights of workers in their workplace and upholds their agreements in situations of dispute with the organisation, ensuring protection from harassment and discrimination at work. If an employee feels his/her rights are being suppressed at his/her workplace, he/she can pursue a legal course of action against the organisation with the help of an employment attorney.

Rights of Private Employees under the Indian Labour Laws

Let’s understand and know some of the important employee rights in India of private employees under the Indian Labour Laws.

1. Employment Agreements

An employment agreement is a formal document mainly used to specify the terms of employment between an employer and an employee. This written document helps ensure that both parties clearly understand their obligations, thereby minimising potential disputes. It comprises various aspects such as job duties, working hours, salary or wages, benefits like health insurance or retirement plans, company policies on leave, termination procedures, and confidentiality or non-compete clauses.

2. Maternity Benefits

Maternity Benefits are one of the most crucial Employee rights in India. The Maternity Benefits Act was introduced in 1961 to ensure women receive paid leave during their pregnancy & after childbirth. Under this legislation, eligible female employees are entitled to maternity leave for up to 26 weeks, approximately six months. In addition to the maternity leaves, this also ensures breaks to accommodate nursing mothers, enabling them to breastfeed or express milk for their infants. This provision is crucial for new mothers, allowing them to take care of themselves and their newborns without the fear of job or income loss.

3. Provident Fund (PF)

A retirement savings plan for employees, the Provident Fund is regulated by the Employees’ Provident Fund (EPF) Act, 1952 This Act was introduced to ensure that employee gets a fund accessible upon retirement. A portion of an employee’s salary is contributed on a monthly basis by both the employee and employer, with increasing interest over time. This accumulated fund can be accessed upon requirement, providing a stable source of income and supporting financial independence.

4. Gratuity

Payment of Gratuity Act, 1972 mandates employers to provide a gratuity to their employees who have completed a minimum of five years of continuous service. Gratuity is a lump sum amount awarded to employees by the employers upon retirement, resignation, or death, for appreciating their loyalty & commitment towards the organisation. This amount provides financial support to the employees in unforeseen circumstances.

5. Appropriate Working Hours

The Shops & Establishments Act, 1948 and The Factories Act, 1948 are a framework for specifying employee working hours. The objective behind these regulations was to prevent over-exhaustion of employees and create a positive work environment that promotes productivity & satisfaction. Introducing these laws, the government established a norm for the maximum permissible daily and weekly working hours to prevent overwork of employees. It also initiated lunch breaks to promote well-being and efficiency.

6. POSH (Prevention of Sexual Harassment)

For the prevention of sexual harassment in the workplace, the Sexual Harassment of Women at Workplace Act was introduced in 2013. which required employers to ensure a safe environment for female employees. This law mandates the setting up of internal complaints committees to investigate harassment claims and come up with solutions.

Conclusion

Employment laws in India are crucial for protecting the rights of private sector employees and ensuring fair workplace treatment. Laws like the Industrial Disputes Act, 1947 and Minimum Wages Act,1948 further protect employees and promote accountability. This crucial compliance fosters respect and support, enhancing economic productivity.